HomeMy WebLinkAboutReso 2013-245 RESOLUTION NO. 2013-245
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMEI�'DII�'G CHAPTER VI. GEI�'ERAL
POLICE FEES. ALARMS. OF THE CITY OF CHULA VISTA
MASTER FEE SCHEDULE
WHEREAS; the City Council of the Cit}� of Chula Vista on May 28, 20li unanimously
approved for first reading and adoption Chapter 9.06, Security Alarms, which modernizes the
Cit}�'s existing alarm program and implements best practices for reducing police dispatches to
false security alarms; and
WHEREAS; the City Council on October 1�; 20li, awarded a contract to administer the
Ciri�'s alarm program under the proposed ne���ordinance to PMAM Corporation; and
WHEREAS, the proposed new ordinance, Chapter 9.06, Security Alarms, is scheduled
for second reading and adoption on No��ember 19, 2013, the same date the City Council is
scheduled to consider this Resolution regarding changes to alarm permit fees and false alarm
fines: and
WHEREAS; the Citv Council last amended alarm fees and false alarm fines in July 2007.
in Resolution 2007-177: and
WHEREAS; the fo1loH�ing changes to the City's Master Fee Schedule for alarm permit
fees and false alarm fines are recommended as part of the proposed ne�v ordinance, Chapter 9.06,
to facilitate permit registration and deter false securitv alarms; and
WHEREAS, the proposed ne��� Chapter 9.06 requires a 12-month alarm users permit,
rather than a 24-month alarm user`s permit, as is required under the existing ordinance, to
maintain current contact information that ���ill facilitate communication with alarm permit
holders as �vell as administration and enforcement of the ne�v ordinance: and
V1'HEREAS, regazdine permit fees, the Police Department examined fees as part of a
City-�+-ide effort led by the Finance Department to ensure that the City reco��ers the estimated
reasonable cost of providins security alarm permitting and administration services; and
WHEREAS; afrer revieN�ing the staff time allocated to processing securiri� alam� permits,
and costs for third-party administration, the Police Department recommends that alarm permits
for residential users be increased to $28.7� per 12-month period for an operating permit; and
WHEREAS, afrer review�ing the staff time allocated to processine security alarm permits,
and costs for third-party administration, the Police Department recommends that alarm permits
for commercial users decrease to $28J� per 12-month period for an operating permit (from
�100.00 per 24-month permit); because the staff time is the same to process residential and
commercial permits; and
Resolution No. 201�-245
Page 2
WHEREAS; the proposed fees do not exceed the estimated reasonable cost of providing
the associated services: and
WHEREAS, Article XIII C of the California Constitution requires a vote of the electorate
to increase any lev}�, charge, or exaction imposed by a local government, unless specifically
exempted; and
WHEREAS, pursuant to the provisions of Article XIII C, the proposed fees are eaempt
from the vote requirement; and
WHEREAS, regarding false alarm fines, meaningful and escalating fines are considered a
best practice to deter false alarms, according to the Security Industry Alarm Coalition (SIAC)
and the Department of Justice's Community Oriented Policing Services; and
WHEREAS, higher false alarm fines were recommended by alarm users who attended an
August 2012 Public Safety Subcommittee meeting to increase the accountability of alarm users
who incur false alarms and to deter false alarms: and
WHEREAS, the proposed higher fines are consistent with the City Council's action in
2012 to increase fines for violations of Title 6, Animals, to $]00 for a first violation, $200 for a
second violation in one year, and $500 for a third violation in one year (Chula Vista Municipal
Code section 6.24.180); and
WHEREAS, the proposed higher fines are consistent with the City Council's action in
2013 to increase fines for violations of Title 9, Truancy, to $100 for a first violation, $200 for a
second violation in one year, and $500 for a third violation in one year (Chula Vista Municipal
Code section 9.09.060); and
WHEREAS, the proposed false alarni fines are identical to Califomia Government Code
section _6900(b), which provide that the fine for an infraction violation shall be no more than
$100 for a first violation, no more than $200 for a second violation of the same ordinance within
one year, and no more than $500 for each additional violation of the same ordinance within one
year; and
WHEREAS, a fine, penalty, or other monetary charge imposed by a local government as
a result of a violation of law is specifically e�empt from the vote requirement of Article XIII C
of the California Constitution.
Proposed Changes to the Master Fee Schedule
(Alarm Use Permit Fees)
USER CURRENT RATE NEW RATE
Residential $50.00 per 24-month $28.75 per 12-month
ermit ermit
Commercial $100.00 per 24-month $28.75 per 12-month
ennit ermit
Resolution \o. 2013-24�
Pase 3
Proposed Chanees to the Alaster Fee Schedule
(False Alarm Assessment Fine)
NUMBER OF CURRENT RATE NE�i' RATE
FALSE ALAR114S
1 in 12-month eriod I�'O CHARGE � �100.00 *
2 in 12-month eriod I�iO CH�IRGE �200.00
3 in 12-month eriod $�0.00 5�00.00
4� in 12-month eriod �100.00 5�00.00
*Alarm permit holders one time may complete a false-alarm prevention class in lieu of
pa}�ing a first-time fine
NOW, THEREFORE, BE IT RESOLVED bv the Cit�� Council of the Cin- of Chula
Vista. thai it hereby amends Chapter VI. Police Fees. Alarms, of the Cit}� of Chula Vista A4aster
Fee Schedule.
BE IT FURTHER RESOLVED. that the residential alarm permit fee be chaneed from
��0.00 per 24-month permit to $28.7� per 12-month permit; and
BE IT FURTHER RESOLVED, that the commercial alarm permit fee be changed from
�100.00 per 24-month permit to �28.7� per 12-month permit; and
BE IT FUTHER RESOLVED. that the fine for a first false alarm be increased from �0.00
to �100.00, which may be waived once if the alarm permit holder successfully completes a false-
alarm aw�azeness class: and
BE IT FURTHER RESOLVED. that the fine for a second false alarm ���ithin a 12-month
period be increased from �0.00 to �200.00; and
BE IT FURTHER RESOLVED. that the penalt�� fine for a third false alarm �+�ithin a 12-
month period be increased from $�0.00 to $�00.00; and
BE IT FURTHER RESOLVED. that the penalty fine for a fourth and subsequent false
alarm in a 12-month period be increased from $100.00 per occurrence to ��00.00.
Presented by Appro��ed as to form b}�
,
'�/ • �
David Beja an Glen R. oogins
Chief of Police Cirv Att me��
Resolution No. 2013-24�
Pa�e 4
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 19th day of No��ember 2013 by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, Ramirez, Salas and Coa
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
7 I .
Cheryl Co , a or
ATTEST:
J� nN, ,`�f'
Donna R. Norris, CMC, Cit�lerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
1, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foreooing
Resolution No. 2013-245 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 19th day of November 2013.
Esecuted this 19th day ofNovember 2013.
/U�U�N�c/ `� /Y�(,( ��
Donna R. Norris, CMC, City�Clerk